Officers cleared in fatal shooting of Middletown man

Tuesday

Jun 10, 2014 at 7:15 AM

Heather Yakin

GOSHEN — A grand jury has cleared the two police officers who shot and killed Lennord Whittle in November 2013 in Middletown.

Whittle, 25, was fatally shot by two Middletown police officers on Nov. 19 outside Sam's convenience store on Academy Avenue. Whittle was under treatment for bipolar disorder and didn't have a history of violence or aggression, but police said witnesses told them he'd chased another man in and around the store with a knife. Whittle was outside when police arrived. A store clerk said he heard the officers order Whittle to drop the knife, and then he heard shots. Whittle died at the scene.

The officers have been on paid leave since the shooting.

The investigation into the shooting was taken over in December by the Rockland County District Attorney's Office after then-Orange County District Attorney Frank Phillips determined that his office had a conflict, because one of his assistant district attorneys was in a relationship with one of the officers involved.

On May 29, after evidence was presented by a Rockland County prosecutor, an Orange County grand jury made a finding of “no indictment” and issued a dismissal in Whittle's death. The document was filed on June 5 with the Orange County Clerk. The Rockland DA's Office is expected to make a statement by the end of Monday afternoon.

“The truth-telling process and justice are advanced through civil litigation, which is transparent, not through proceedings that are behind closed doors,” said lawyer Michael Sussman, who represents Whittle's family in a planned wrongful-death lawsuit. “We'll be proceeding to court.”

Sussman said the family is waiting for the Surrogates Court to issue a letter of administration to Whittle's mother, after which the wrongful death suit can be filed in federal court.

Middletown Mayor Joe DeStefano said the two officers remain on paid leave. Police Chief Ramon Bethencourt will make the final decision on when they return to active duty once they are cleared to do so.

“They will be welcomed back to duty,” DeStefano said. “There are certain protocols you have police go through after a shooting. From the city's perspective, there are no impediments.”